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HomeMy WebLinkAbout1951 04-24 CC MIN654 National City, California, April 24, 1951. Regular meeting of the City Council was called to order by Mayor Clinton D. Matthews at 7:30 P.M. o'clock. Councilmen present: Carrigan, Clarke, Curry, Hart, Matthews. Councilmen absent: None. Moved by Hart, seconded by Clarke, that the reading of the minutes of the regular meeting of April 17, 1951, be dispensed with. Carried, all Councilmen present voting aye ADMINISTRATIVE OFFICIALS present: Alston, Sullivan, Campbell, Gautereaux. BILLS AUDITED by the Finance Committee presented: General Fund $3,666.37 Library Fund 366.12 Street Fund 501.91 Park Fund 1,042.29 Retirement -Fund 209.95 Harbor Fund 627.22 Plann. Comm. Fund 2.21 Payroll Fund 18 585.18 TOTAL $25,203.26 Moved by Clarke, seconded by Hart, that the bills be allowed, and warrants ordered drawn for same. Carried, by the following vete to -wit: Ayes: Carrigan, Clarke, Curry, Hart, Matthews. Nays: None. THOMAS LE ONARD, 2740 Lincoln Court, was present and stated that a lady came into his place of business and stated that she was soliciting prizes for a card party. Mr. Leonard said he told the lady there was an ordinance against card parties and the answer was that the City Manager had given them permission to have this card party. Mr. Leonard said he was wondering about the legality of such things. MAYOR MATTHEWS stated that at the last meeting the Attorney gave a clarification of the Ordinance prohibiting card rooms. ATTORNEY CAMPBELL said his interpret- ation is that the Ordinance prohibits the furnishing of card 4/24 655 tables in any room in National djty for hire or for public use. If there are donations, that is not for hire. If tickets are sold to the public it would be a violation of the Ordinance. If it is to any closed group or organization and no public use. then donations would not constitute a violation. COUNCILMAN CLARKE said that if this card room ordinance is going to cause any trouble whereby it would embarrass the Mayor, the City Manager or the Council, that he would be in favor of seeing that it is amended and brought up to the point where there is absolute ly no room for controversy. ATTORNEY CAMPBELL reported that the Water Company has not had their contract to be signed by Mr. Gordon, returned yet from San Francisco, so they are unable to furnish the City with any letter in compliance with the ordinance. Attorney Campbell suggested that the matter of the acceptance of the final map of Beverly Glen Subdivision be laid over another week. MAYOR MATTEEWS ordered this matter held over until the next meeting. REQUEST FOR TAX SALE on Lots 18 and 19, Block 117, City Plat, was presented.. ATTORNEY CAMPBELL stated that this request has raised the question whether or not the Council wishes to sell "an interest that they can acquire from the County by their option they now have on tho property. There is a question raised as to just how the sale is to go through. The amount of the bid in the event the Council takes the County's interest must be determined. The question that will present itself is this, if it is a matter of only exercising your option and paying the County the same amount of money that they require and then passing it on to the purchaser, will involve too much work for the City. If you go into it and make a profit, which you are entitled to, then that would be the mount you would have to determine. If you do not wish to make a profit then it would be 4/24 656 better to forego your option and only sell the tax title. MAYOR MATTHEWS said he thought the policy of the Council is to make a profit if possible. CITY MANAGER SULLIVAN stated that the Council exercised a contract with the County to take an option on some parcels of land which were tax delinquent in the County and on which the City had a tax deed, and at that time we anticipated itt getting the property back on the tax roll. The property in question we have the tax deed on and wo have an option to purchase the County's tax dood. When the County enter into an agreement with the City, the price is nominal, in some cases $3.50 per lot, in order to enable the City to get the prop- erty back on the tax roll. we have had some discussion with people interested in property who have offered an additional ten percent over the minimum bid to include the option with the County. It has been your policy so far to estimate the amount of tax that would have accrued to the City had the property been on the tax roll, plus the penalties that have accrued, as a minimum bid,to the time the bid is made. If the County's tax interest is to be included, which wo purchase for $3.50 or $4.00, that is the expenditure, but tho money involved actually in time, legal services and administrative costs is more than the $3.54-or $4.00 It has been a policy in other places to sot a standard, either a percentage or a flat amount to include the County's tax inter- est under option. If an individual should purchase a tax dood under our ordinance they could not purchase the County's interest as long as wo have an option on it. The purpose of the option is to get it back on tho tax roll, not whether ton percent or twenty percent or whatever percentage addition you want to establish for the minimum bid, and that permits anyone to como in and bid more, but the policy on the minimum bid should be uniform as far as all of the parcels are concerned. MAYOR MATTHEWS said he thought it would be good information for the 4/24 657 Council if we could have a map prepared showing the location of the lots on which wo have the option, so that with the holp of tho Planning Commission dotormino the possibility of using part of that land for City use and detormino what part wo want to sell, CITY MANAGER SULLIVAN said the Council may exercise their option under two conditions: 1. For the City's use. 2. Because you have a bona fide purchaser. MAYOR MATTHEWS requested that a map be propared so that the Council can make a study in order to know what is bust to sell, and most suitablo to tho Council, and that tho matter be laid over until the next meeting. COMMUNICATION FROM MR. TYSON regarding his offer to purchase tho property between 14th and 15th Stroots on National Avonuo, was road, placing a time limit of through April 25th with respect to the offor containod in his letter of April loth. This is necossery in order that ho is froe to nogotiato for somo othor location. REPORT FROM THE PLANNING COMMISSION was road, approv— ing the proposed salo of tho block of City proporty botwoon 14th and 15th Stroots on National Avonuo. Chairman Christman suggostod the oponing of l4 th Strout from National Avonuo to Avenuo and tho opening of 'IA" Avonuo from 14th Stroot to 15th Strout and proposed a landscaped screening around the block as a moansof eliminating an objoctionablo view from tho Park westerly. Mombors of the Park and Rocroetion Commission were prosont and after soma discussion stated that they would go on record as approving tho salo of tho property. Tho Planning Commission members agrood that a zono variance rather than a zono change bo tho mothod of conformity for tho oastorly half of tho block. Mr. Tyson's lottor of April loth was road which stated that his offer for this property is $30,000.00 if tho City makos a fill to street lovol and installs water drainago in tho roar of tho proporty, or $20,000.00 for tho property in 4/24 658 an as is condition. COUNCILMAN HART askod tho cost of tho last appraisal. CITY MANAGER SULLIVAN said it was $450.00. COUYCIL- • MAN CURRY stated that Mr. Tyson's offor is in lino with tho appraisal. COUNCILMAN CARRIGAN said that tho merkot valuo of tho property lies is condition wes ostimatod es $29,000.00 by tho appraiser and $37,500.00 if it woro fillod. COUNCILMAN CL^.RKE askod if it would be an oconomical thing for tho City to do tho filling. MAYOR MATTHEWS said it would not bo his rc- commondetion that tho City do tho filling job, and that ho thoug" this was a wondorful opportunity in having a chance to soll this property and got this typo of businoss that will bring tho in- como to National City. Mayor Matthows said ho thought this wes a vary good offer, that thoro had boon quito a bit of publicity end thoro has boon no furthor offor. Mayor Matthows statod that ho is in accord with tho people who made tho survoy, that they thought tho City Council would be justifiod in eccopting an offor to purchase at a figuro 20 to 25 porcont loss than our • • 0 • • • 0 • appreisod valuo if tho dood convoying tho proporty contained tho rovorsionary clauso for non complianco. ATTORNEY CAMPBELL stated that a rovorsionary clauso providos that if tho ownor end foo doos not comply with cortain conditions es sot forth in his dood tho foo will rovort to tho grantor, which would bo tho City. That doponds what your restrictions might ho in tho rocommondation, also what might bo acceptable to tho purchasor. MR. D. R. TYSON, 1040 National Avonuo, was prosont and stated that tho matter of tho opening of caA" Avonuo would hevo absolutoly no boaring on tho valuo of tho property to him. As to tho dovolopmont of tho property, if tho City approves tho solo, tho first movo would bo to install tho propor drainage in the roar of tho proporty, and than to start tho fill of tho property. An ovorall plan would bo worked out so far as tho location of tho building and tho entiro dovolopmont of tho 4/24 • 659 • • • s • • • • ft property. If it wore possiblo to start construction of tho building immodiatoly that would bo dono, in tho ovont it cannot bo dono at this time, duo to Govornmont rogulations, thon aftor tho fill is complotod, pave a portion of tho proporty that would bo tho pormanont usod car lot. Tho lot would bo woll lighted and have a pormenont typo offico building on it, and that portion of tho ovorall projoct could bo dono without intorforonco of any prosont Govornmont rogulations. Mr. Tyson said his statomonts with respoct to tho dovolopmont of tho proporty aro sincero boeauso ho has to havo morn room. His intorost in the property is not ono of a spoculativo naturo. MAYOR MATTHEWS asked Mr. Tyson if ho would havo any objoction to tho rovorsionary clause, bocsuso of the rostrictions on building if ho could not got building matorial, that tho elauso would road from tho time tho material would bocomo availeblo. MR. TYSON said ho had no objections to tho intent of such'a clause, if it can bo-wordad in such a manner that ho has roasonablo protection., COUNCILMAN CURRY and COUNCILMAN cLARO woro in accord with accopting Mr. . Tyson's offer, ospocially since this will not interfere with tho Park and Rocreational activitios. COUNCILMAN CARRIGAN stated - that using tho twonty porcont factor it would bring tho proporty to $23,600,00, tho twonty-fivo porcont factor would bring it.to $22,200.00, and tako into consideration tho $450.00 spont'for tho appraisal, and thet it should bo takon into considoration,that tho,proporty is not -going to-dopreciato in valuo. Mr. Carrigan said ho thought tho proporty should bo_hold at loast to tho appraisal valuo. MAYOR,MATTHEWS said, if ho thought thoro was a.chanco to got moro monoy for tho proporty that ho•would fool tho samo way,. COUNCILMAN,CARRIGAN; said,ho did not beliovo there would bo much difficulty in solling property ono block long on tho main stroot. COUNCILMAN HART said ho did not think wo should pay $450.00 for an appraisal ._and not.uso it, MAYOR MATTHEWS 4/24 • 660 statod that ho porsonally hatod to peas up en opportunity to got $20,000.00 for this property that tho City has very littlo invostmont in and tho opportunity for tho City to gain this typo of businoss and the solos tax which this will bring tho City, and that ho would hato to loso a typo of man liko Mr. Tyson that will bring this typo of business to National City. Mayor Matthows said ho would bo inclined to accept Mr. Tyson's offor boforo ho changes his mind. COUNCILMAN CARRIGAN said if your minds wore mado up it should have boon statod last wook, wo would have sevod tho $450.00.- MAYOR MATTHEWS said ho did not boliovo thorr minds woro mado up, that is tho roason thoy askod for tho survoy. ATTORNEY CAMPBELL said thorn is ono point ho would like to mako. Upon tho accoptanco of an offor at this time, unloss tho reversionary clauso for non compliance or an agroomont as to a specific porformanco bond as sot forth by the appraisor is not workot out, thoro might bo some quostion if you accept $20,000.00 on a $29,000.00 appraisal until thoso othor factors aro workod out, bocauso you aro varying than approxi- matoly 33 1/3 porcont which might raiso tho quostion of a gift to public funds, however if tho rocommondetions of an appraisor would bo followed, Attornoy Campboll statod that ho did not believe thoro would bo any question thon as to a gift to public funds. If there is going to bo an accoptanco of the offor thero should bo some rovorsionary clauso worked out at tho timo of accoptanco of tho offor. If Mr. Tyson would bo willing to work with him ho would bo glad to drew up tho nocossary clauso. MR. TYSON said under tho terms of his original lottor proposing to buy this property ho mado a firm offor which according to his knowlodgo of law, if tho Council should havo accoptod that offor it would havo boon binding. In.ordor to havo somo froodom in tho mattor of oxploring othor locations of which ho has know- lodgo ho did not want to continuo to bind himself to that offer 4/24 • s 661. for an indcfinito poriod. If with tho City Attornoy wo caa work up an accoptablo clause that would be a part of this sala,, Mr. Tyson said ho would bo most happy to go along on that basis fop a reasonable poriod of timo. In tho absonco of othor buyors boing on tho scono for this proporty it doos not appoar tharo,is • any injustico to anyono if tho offor coasos to oxist and wo go ahoad and attempt to work up somo satisfactory approach to this matter so that it can bo prosontod to tho City Council noxt • Tuosday. ATTORNEY CAMPBELL said if tho Council would accopt tho offor tonight there is no way in which you could ineludo tho rovorsionary cleuso becauso Mr. Tyson would not know what tho clause would bo and tho offor oxcludos, or cortainly doos not stato that ho is making it upon condition that thoro is a ro- vorsionary clause, so your accoptanco in complianco with his offor • must bo without tho rovorsionary clauso or olso hold it over until ho and his attornoy and I can work out somothing for your prosontation. MAYOR MATTHEWS statod this matter would bo taken Or up again at tho noxt mooting. REQUEST FOR A PERMIT to oxtond tho spur track of tho Atchison, Topoka end Santa Fo Railway Company on Harrison Avonuo, was prosontod. CITY MANAGER SULLIVLN statod this is a roquost of tho Santa Fo to oxtond a portion of their track for a spur track to sorvico tho Wordon Floor Company to whom thoy havo mado a lasso. It has boon discussod with tho City Attornoy and nogot- lations with tho Santa Fo for anothor spur had come to tho • attontion of tho Council and tho City Attornoy prior to his timo with tho City, and it would bo suitable if it was held over ono wook to pormit him to proparo a rosolution for a pormit. MAYOR MATTHEWS ordorod it leid over until tho noxt mooting. REQUEST FOR REFUND on businoss liconso of James Wottor in tho amount of $15.00, was rood. The businoss was known as Jimts 4/24 • • 662 Markot, 108 E. 8th Stro;.t. Rofund was approvod by tho Liconso Dopartmont. Movod by Clarke, socondod by Hart, that tho rofund bo grantod. Carried, all Councilmen prosont voting eyo. • COUNCILMAN CARRIGAN statod that ho saw in tho roport that wo nood pipo for dolivory in July and August and wondorod if it would not bo woll to instruct tho City Managor to advortiso for • bids for tho pipe. CITY MANAGER SULLIVAN said it is quito satisfactory as far as sho is concornod to advortiso for bids. Pipo is very scarco and thoy probably won't havo any but wo can tako tho chanco. COUNCILMAN CARRIGAN said it was his under- standing that anything ovor $1,000. had to bo advortisod for bids. CITY MANAGER SULLIVAN said that was for now construction. • ATTORNEY CAMPBELL askod if this was pipo for sowors. CITY MANAGE£ SULLIVAN said it is for sowor connoctions, from tho lateral to tho proporty lino. ATTORNEY CAMPBELL said if it is for sowors and is ovor $1,000. that it would nocossitato advortising for bids. CITY MANAGER SULLIVAN said it is not a construction projoct ATTORNEY CAMPBELL said if it is furnishing supplios and matorials for any such projects including tho maintonanco or ropairs of stroets or sowors it roquiros advortising for bids. You can buy up to $9994 without having to publish or accopt bids, if you soo fit. CITY MANAGER SULLIVAN said sho did not objoct to buying lose than $1,000. or advortis dig for bids if tho City wants to spond moro monoy to do it. You aro not roquirod, Mrs. Sullivan • said sho was quite convincod in this case and would discuss it with the City Attornoy. COUNCTT.MAN CLARKE said if it is ovor $1,000. it is his undorstending that it should bo advortisod for bids. Doos that apply to ovorything tho City purchases? ATTORNEY CAMPBELL statod that supplios or materials for tho repair or maintonanco of stroots or sowors in tho sum ovor $1,000. would roquiro a bid. Tho quostion is what is supplios and whet is materials for met ntonenco or ropairs? Mr. Campboll • • 4/24 4 0 • • • • • • • 66.3 said it is his belief that anything on tho ropair and maintonanec of sowors and streets over $1,000. comas within that soction. Thoro aro cortain items that can bo purchasod for tho City, ovon ovor $1,000. without tho logal roquiromont of bids, that would bo a policy that would havo to bo dotorminod by tho Council. CITY MANAGER SULLIVAN said wo could withdraw tho ordor unloss tho Council wants to advortiso for bids and pay moro monoy, and sho would not adviso tho Council to purchaso moro than $1;000. if it roquiros tho advortising for bids bacauso it ro- quires morn monoy and sho doos not approve of sponding moro monoy than is nocossary in tho purchasing tf any material. MAYOR MATTHEWS askod how much did you have in mind to buy on this particular ordor? CITY MANAGER SULLIVAN statod it is an ordor for future dclivory, so tho pooplo who nood sowor connections at $75.00 oath will not bo hold up, howovor wo cen ordor it in less than $14000. lots and tako the chance that it will bo availablo whon noodod. MAYOR MATTHEWS said that in other words tho City is stock piling onough oquipmont to do tho job thoy aro callod upon to do. COUNCILMAN CLARKE said that regerdloss of whothor it is stock piling or anything olso you want to call it, but it is his roeolloction that somotimo past anything ovor $1-,000. should bo put out for bids , and that applios to automobiles, trucks and other oquipmont. Mr. Clarko statod ho is not against stock piling for tho futuro dovolopmont whoro this material is roquirod but ho is concornod about the feet that we cannot buy ovor $1,000. worth of matorial or oquipmont without putting it out for bids. MAYOR MATTHEWS askod how much of an ordor is noc- ossary to stock pilo now. CITY MANAGER SULLIVAN said sho would not recommend putting it out for bids boesuao it costs mere Mow, 2f 8•• Vent to spond more money by Council peltey or advortising for bids that will bo your diroction, but that sho did not think you, should spond moro money whon it is an incidontal 4/24 • • • 664 supply. It is not a construction projoct, it isn't building e building, it is not building n lot of sowors. COUNCILMAN CARRIGAN askod why it would cost moro money to put it out on bids than if you bought it on tho opon merkot; that ho hes boon around a good doel in tho past thirty days and instead of short- agos of matorials practically ovorybody is loaded. CITY MANAGER SULLIVAN said thoir dolivory deto doos not so indicato. ATTORNEY S CAMPBELL statod that it is his opinion that you cannot purchaso without first socking bids, howovor, aftor roceiving bids tho Council has tho right to rojoct than:, but you must advortiso. MAYOR MATTHEWS said ho would suggost to tho city Managor that wo ask for bids for tho amount of metorial that sho was going to ordor and also liko to bo mado aware of what tho prico would bo 40 of buying it on tho opon markot and compare pricos. CITY MANAGER SULLIVAN sold you aro going to purchaso in this fiscal yoar and you advortiso for bids now for somothing that you would not ordinarily purchase until tho noxt fiscal year, you aro en- cumboring in this fiscal yoar for purchasos for tho noxt fiscal yoar. MAYOR MATTHEWS askod that this mattor bo laid ovor until next wook and that the City Menegor givo tho Council tho in- formation in the meantime es to tho size of en ordor that wo wish to placo, end if wo can submit bids to bo dolivorod et tho tikao that wo w.tsn dolivory. ) 0 • CITY ATTORNEY CAMPBEsLL statod ho had proparod an ordinanco amending 0rdinanco No. 750, in complienco with tho council's dosiro. ORDINANCE NO. , en ordinanco amending Ordinance No. 750 of tho City of Notional City by adding thoroto Soetion 4.1, wee road in full. Movod by Carrigan, socondod by Clarko, that tho Ordinenco be laid ovor until tho noxt mooting for its socond and final roading. Carriod, by tho following vote to -wit: 4/24 • 865 • , Ayes: Carrigan, Clerko, Curry, Hart, Metthows. Nays: None. ATTORNEY CAMPBELL roportcd that ho has boon notifiod by Mr. • Barrott that cortein action Bolchoz vs. N^tional City will come to trial on May 1st. Howovor, Mr. Cempboll said ho did not bolievo wo havo any intorost in tho action. Thoro is a • possibility of a fow dollars for taxes, and ho will roport on this at tho noxt mooting. ATTORNEY CAMPBELL statod that tho Stato of California has filod an action against National City and othors soaking to condomn cortain lands for tho Highway. Wo hevo only e limitod intorost in that and tho answor is boing proparod sotting forth tho amount, ATTORNEY CAMPBELL statod that in rogerd to tho school proporty, • tho proporty noar tho Wator Company's Woll, that no Rosolution has boon proparod for it. Mr. Smith, tho Titlo Company and - Mr. Simmons havo not roechod an accord as to tho proper logal doscription, but the Rosolution will bo drawn up as soon es tho doscription is obtainod. ATTORNEY CAMPBELL askod.if tho Council wishod tho rosolution in rogard to tho tPanafor of funds at this timo. MAYOR MATTHEWS said ho thought so. ATTORNEY CAMPBELL statod thoro havo boon some adjustmonts mado from various funds which woro in tho throo- quertorly roport. A rosolution hes boon proparod making thoso transfers. Tho propor documonts hevo boon filod es thoy identify tho oxpondituros and thoy aro proporly chargoablo against thoso various funds. A rosolution was road making tho following transfors: 1. From tho Capital Reserve Fund to tho Gonoral Fund $1,189.97. 2. From tho Capital Rosorvo Fund to tho Gonoral Fund $1,027.76. 3. From tho Park M & I Fund to tho Stroot Fund $2,302.07. 4. From tho Park M & I Fund to tho 4/24 666 Street Fund $1,305.56. 5. From tho Park M & I Fund to tho Stroot Fund $397.98. 6. From tho Harbor Fund to the Stroot Fund $2,045.64. 7. From tho Perk M & I and to tho Stroot Fund $221.23. 8. From tho Sowor Fund to tho Stroot Fund $1,284.28. 9. From tho Gonoral Fund to tho Stroot Fund $2,630.1, ATTORNEY CAMPBELL askod if thoro is sufficiont monoy to mako tho transfors. CITY CLERK ALSTON stetod that thoro is not. • ATTORNEY CAMPBELL statod that on tho shoot just givon him, the Park Fund shows only $1,491.63 and eskod if tho Perk Fund has any monoy duo. CITY CLERK LLS TON said thoro is tax monoy coming in for distribution from tho County. ATTORNEY CAMPBELL said thoro is sufficiont money in tho Capital Rosorvo and Harbor Funds. At tho prosont momont tho Sowor Fund has somo monoy in it. On tho quostion of tho Sowor Fund, Attornoy Campboll stetod that ho found in June 28, 1950, a Rosolution was passed purport- ing to dissolve tho 1946 Sowor Fund. Howovor tho Rosolution sot forth a dissolution of tho 1946 Sowor Fund. Whothor or not it was moant to dissolvo tho 1946 Sowor Bond Fund ho did not know. Ho can find no dissolution of tho 1946 Sower Bond Fund, but thorn is no money in that fund so it is assumod that the 1946 Sower Fund is the samo. Tho 1946 Sowor Bond Fund has not boon dissolvod unloss tho Juno 28th Rosolution purportod to_ dissolvo it, howovor it could not dissolvo it by Rosolution. Rogarilas of *hotbox or not tho 1946 Sowor Bend 'N nd.is die., solved, -the opinion on -filo ,rogerding tho money raised eby ,tho • Bond issuo,in 1946 and tho State allocation program, Mr.•_• Collura has givon theCouncil a broekdown,of tho oxpondituros which shows $355,784.35 oxpondod-from a total rocoipt'of $490,628.00, keying at this momont an unaccountablo balanco of,$5$,843.65. On Juno 28, 1950,,-tho sum of $21,885.03 was ovidently in tho,1946 Sowor Fund, whothor or not that fund was meant to bo_ tho 1946 Sower Bogd -j'ugd es moray the 1946 scamp 4/24 667 Fund, ho doos not know, but it is Mr. Cempboll'e contontion end sot forth in tho opinion that It bolongs in tho 1946 Sowor Bond Fund rogardloss of what namo tho fund is known. Thoroeftor thoro was rocoivod additional monoy from tho Stato on thorr allocation program which wes $31;95B.62 and is in what is known es tho 1946 Sower Fund: That was also tho money that brought this opinion to a hood. At that time a roquost was mado that : that monoy bo transforrod to tho Gonoral Fund, and it was his contontion that it could not bo transforrod without oithor Court approval or Logislativo approval. At this momont thoro is $31,958.62 in tho 1946 Sowor Fund which ho boliovos should bo transferred to tho 1946 Sowor Bond Fund, and with tho samo reasoning tho $21,885.03 should bo transforrod from tho Gonoral Fund to tho 1946 Sowor Bond Fund. That raisos this point. On Juno 28, 1950, tho $21,885.03 wes transforrod to tho Sowor Fund, howover tho Sowor Fund as it is sot forth is only a doscrip tion of e portion of tho Gonoral Fund, it is not en- cumbered by any logal obligation, so in roality tho monoy is in tho Gonoral Fund whon it is in tho 1946 Sowor Fund. Tho $31,000.00 plus should bo transforrod from tho 1946 Sowor Fund to tho 1946 Sowor Bond Fund, and $21,000.00 plus should bo transforrod from any available fund to tho 1946 Sowor Bond Fund. Thoro might possibly bo an oxcoption to a portion of tho $21,000.00. Mr. Collura has shown disbursomonts from tho $21,000.00 in tho sum of $12,835.49. If that amount was oxpondod upon tho original S bond projoct thon that amount is proporly chargoablo against the $21,000.00, loaving en unaccountable balance of $9,029.54. However, at this moment, Mr. Campboll said ho did not boliovo thoro is a certification from Mr. Collura that that monoy is chargoablo against tho projoct of tho bond issue. There is no doubt it wes spont for Sowor on trucks usod in tho Sowor Dept. Tho Rosolution of Juno 28, 1950 should bo corroctod whoroby it 4/24 • 668 O • • 0 purports to dissolvo tho 1946 Sowor Fund bocauso if that is not tho 1946 Bond Fund thorn is no nocossity of having a Sowor Fund end a 1946 Sowor Fund bocauso thoy aro both Gonoral Funds. MAYOR MATTHEWS asked if tho .Lttornoy is rocommonding any action on those transfors tonight. ATTORNEY CAMPBELL stntod thoro is no quostion about the money in the 1946 Sowor Bond Fund of $31,958,62 which was dorivod from tho selo of tho bonds and tho allocation from the Stato of California. That is now in this 1946 Sowor Fund and that should bo transforrod to tho 1946 Sowor Bond Fund. Without verification by Mr. Collura or somo official of this City thoro should bo a tronsfor of $21,885.03 in addition to tho $31,000. figure. If thorn is not vorification of tho $12,000. plus dollars, you are going to havo to tako tho money from tho Gonoral Fund to ropey tho $21,000. end bofor.o long thoro won't bo sufficiont monoy in tho Gonoral Fund to ropey it. Thoro is a $9,000. Sowor Fund balanco. MAYOR MATTHEWS askod if wo make ell thrso transfors beck to tho 1946 Sowor Bond Fund then can wo go • shoed with tho action thmt wo might doom nocossary. ATTORNEY CAMPBELL said wo could. At that timo wo aro going to hevo e ftaid, essuming that tho $12,000. is unaccountablo, if it is, it is Just a matter of bookkooping. If it is unaccountablo you will have in tho 1946 Sowor Bond Fund tho sum of $53,843.65. Whothor it bo thet sum or whothcr it be tho $31,000. that you know you havo, it is a fund that until thoro is Court action or legislative change, it is going to bo tied up, or unless the • Council soos fit that thoy can oxpond tho monoy end subjoet them- selves to possibly a law suit. Mr. Campboll said ho hes writton to Senator Kraft and Assomblyman Cloyed stating tho problom and • setting forth the prodicamont that the Sanitation District of San Ysidro is in and asking if thoy would mako some appropriate legislation whoroby this monoy could bo used, naming threo courses. The repayment of principal and intorost, or for use for 4/24 • • 669 Grepairs end maintonanco of tho project, or -for amoral Fund usagr • That was sat forth in a proposed amendment to the statutes and if possible ho is socking pormission from thom and approval from tho logislaturo that tho bill will bo passed with all threo • provisions, which will than give City Councils or legislative bodies the right to pick anyone of tho three that thoy dosirc. Until that is dono or until an action is brought, then the Court • detormlnos hots it is to bo spont, and this monoy should bo put into they 1946 Sewer Bond Fund. COUNCILMAN CLARKE said thrro is no mention of the 1946 Sowor Bond Fund in tho breakdown from Mr.. Collura. MLYOR MATTHEWS askod Mrs. Sullivan if sho was in accord. CITY MLNLGER SULLIVLNsaid she was not. MLYOR MGTTHEWS asked if sho would liko to hiro an attorney to straighten this • out without going to tho Logislaturo. CITY MANAGER SULLIVLN said 1 • i • that it probably could bo. That sho seriously doubtod that by resolution you can unspond money that you have already spont. Thorn is in the Trecsurorts books, not according to what you have diroctod but according to what tho Troasuror has docidod $312,958..62 in what ho calls tho 1946 Sowor Fund. Mr. Campboll is convinced that amount should show on tho Troasuror's books as boing in tho 1946 Sowor Bond Fund. If ho has logally dotormined it and ho is suro of it, that is his opinion and you should bo guided by it. Mr. Collura, in his certification as to what tho books rovoalod did not indicato any datos and you havo two fiscal yoars involvod. You havo appropriations involvod and according to tho Troesuror's books a Sowor Fund with $9,049.54 which remains of tho amount roforrod to by Mr. Campboll es tho $21,000. some odd dollars, so that you aro in controvorsy ovor, not $53,000. but the $9,049.54 plus $31,958.62 which leavos in round numbers about $12,000, which was novor at any time trans- forrod in the Goncrel Fund as far es sho knows, but if Mr. Campboll boliovos that tho Sowor Fund and tho 1946 Sowor Fund 4/24 670 0 as labollod on the Treasurers report aro in fact in the Gonoral Fund thon the Gonoral Fund was not in tho minus quantity as you gontlomon assumod it to bo last mooting. As you diroctod wo havo had a mooting on tho matter of rosolving opinions about mothods of doing what you said should bo dono and also doing what Mr. Campboll said should bo dono, and tho Sower Fund posos a vory serious problem. Logel moans should bo found, whoovor docidos it, by whomovor, tho Logislaturo, the Court of, your City Attornoy, that no public sorvico is solvodby saying thoro is fifty somo thousand dollcrs you cannot spond-for anything. Every- body agroos to that, so that it is a mattor of dotormining how it shall bo spout. You aro in a poculiar position in rogard to tho Sowor Fund. Wo know that monoy was spout that was not ehargod to this account. Tho question is, since records woro not kopt, should you souk logisletivo action in ordor to ovorcomo this poculiar problem, when did tho sower projoct ond7 That is somo- thing Mrs. Sullivan said sho did not know. Mr. Campboll, Mrs. Sullivan said is convincod that tho sowor projoct is ovor and sho is convincod that it is not-complotod. If on advico of tho Attornoy tho sowor systom was complotod at somotimo last yoar, thon that is the dato. It is difficult and wo aro all willing to do ovarything wo can to find the solution, to make tho transfors of the 1946 Sowor Fund and tho Sowor Fund as rocordod on the Troasuror's books into the 1946 Sower Bond Fund, that sho soos no harm dono but sho hositatos to rocommond that you transfor tho $12,000. which Mr. Campbell himself says that ho doos not know whothor it is tho proper charge. MAYOR MLTTHEWS askod whoro tho noarost court of law was whore a City Council can sottlo two conflicting opinions from two difforont Attorneys, perhaps, or botwoon tho Manegors without going to tho Logislaturc, and how long would it tako? ATTORNEY CAMPBELL said it would tako about two months. Tho Supromc Court would bo tho ono. You would 4/24 • 671 potition tho Supromo Court for a hoaxing and state tho roason, and they would probably grant it. If you got a ruling from tho Supromo Court no ono is going to disputa it. ATTORNEY CAMPBELL said it is his rocommondation that until tho oxpondituros can be proporly accountod for that tho monoy should romain in tho-Fund; and for that roason it should bo put back into tho 1946 Sowor Bond Fund and as soon as supporting vouchers aro obtainod to show tho propor oxpondituros thon it can bo transforrod.back into tho Gonoral Fund or to whatovor fund it is proporly trans- forrod. MAYOR MATTHEWS askod if wo made, a transfor now if tho Gonoral Fund will havo onough monoy to carry on to tho and of the fiscal year? ATTORNEY CAMPBELL stated that rogardloss of tho amount of monoy loft in the Gonoral Fund, that if it is a trust fund you cannot logally withhold it from tho trust fund rogardloss of tho difficulty that you might havo in mooting current bills, bocauso in offoct what you aro doing is taking it out and saying: °If I find a vouchor I will support itj', which is doing somothing, if you don't find tho voucher that you know would bo impropor. MLYOR MATTHEWS said that according to the City Attornoy tho law has alroady boon brokon, how can wo put it back? ATTORNEY CAMPBELL said ho would say upon notico, bocauso et ono timo ho boliovos that through misintorprotation or upon a thong() of intorprotation, tho transfors wore mado. It is oithor a fact of following his rocommondation; if it is corroct, than tho Council would bo wilfully failing to put it beck. You can contond that this ruling is incorroct, but it would bo tho opinion of tho City ;Stormy. If in doubt tho trust fund monoy should remain inviok to until such timo as you roccivo propor authority to oxpond it. COUNCILMAN CLARKE askod how this could bo pinn.,d down whon tho Accountant failed to find supporting ovidonco for this allocation of tho oxpondituros. Movod by Hart, socondcd by Carrigan, that wo make all transfors 4/24 • 672 that tho City Attornoy rocommonds. ATTORNEY CAMPFELL statod he recommonds that tho Council transfor tho $31,000. plus from tho 1946 Sowor Fund to tho 1946 Sowor Bond Fund. MLYOR M1'.TTHEWS askod if there is any chance, if this is hold up anothor wook, that tho Lttornoy could find any roason why this transfer should not bo mado. LTTORNEY CLMPBELL said ho did not know, ho m<:dn a rosoerch, howovor, thoro would be no roason why tho monoy could not bo transforrod from the 1946 Sowor Bond Fund to tho Gonorel Fund or any propor fund in tho ovont a roason is found that it should not bo transforrod. It is his rocommondation that you immodiatoly transfor back to your 1946 Sowor Bond Fund a total of $53,843.65 until you can recelve supporting vouchors for oxpandituros from that fund which aro in addition to the $355,784.35 that hes now boon cortifiod. Thoro is tho possibil- ity that Mr. Collura will within this coming wook certify that tho $12,835.00 is tho propor oxpondituro. If ho does, thon noxt wook you can withdraw that amount from tho 1946 Sowor Bond Fund and pleco it in tho Fund which it proporly bolongs, if it is a proper chargo. CITY MLNLGER SULLIVAN statod that sho thinks Mr. Campboll agroos with tho provious opinion which was that tho 1946 Sowor Fund is a factitious namo. Nobody has ovor attomptod to dissolvo tho 1946 Sower Bond Fund by Ordinance. Your rosolution adoptod nino months ago, tho 1946 Sowor Fund in tho colloctivo opinion es of that timo was a factitious fund. Mr. Campbell is rocommonding now that it is a factitious fund, wo thought so boforo and wo still think so. Tho Troasuror hes sot it up as tho 1946 Sowor Fund, and that she agroos with Mr. Campboll that it dons not oxist, you abolished it last Juno and anything on your books to show that thoro is anything in tho 1946 Sowor Fund is in orror. It is true that tho 1946 Sowor Bond Fund still oxists, has novor boon abolishod. There may bo - a difference of opinion as to how much monoy is in tho fund, but 4/24 1 a 673 tho 1946 Sowor Fund as far es tho Council is coneornod has not oxistod sinco lest Juno and it was a factitious account and should not havo boon kopt. ATTORNEY C:MPBELL askod if it woro e factitious account how did tho $51,000. plus got into tho account bocauso thoro was $21,000. transforrod from that to tho Gonoral Fund_and $30,000. to tho Capital Rasorvo. CITY MLNLGER SULLIVAN statod that tho Lttornoy's ruling is that tho Sowor Fund and tho Gonorel Fund aro-synonymous et this point, so that 09,049.54 which shows on tho Troasuror's books as boing in tho Sowor Fund is in fact in tho Gonoral Fund, according to tho Attornoy. Tho $9,049.54 was novor budgotod. Motion carriod, by tho following voto to -wit: Hart, Matthias. Nnys: Nono. Ayos: Carrigan, Clerko, Curry, RESOLUTION NO. 5430 was road, stating. BE IT RESOLVED by the City Council of tho City of National City California, that tho following transfors bo mado: sot forth by tho City Clark, tho Sowor Bond Fund. From tho Sowor From the 1946 Sowor Fund, as sum of $31,958.62 to tho 1946 Fund thoro shall bo transferred to th• 1946 Sowor Bond Fund tho sum of $9,049.54. From tho Gonorel Fund there shall bo transforrod to tho 1946 Sowor Bond Fund thr 'um of $12,835.49. Movod by Corrigan, socondod by Hart, that the Rosolution bo adoptod. Carriod, ell Councilmon proaont voting ayo. COUNCILMAN CLARKE said ho would liko to know tho dotermination of tho Sowor Lppoals Board on tho investigation rogarding tho appoal of Mrs. Williams. ATTORNEY CAMPBELL statod that Mr. Hart, Mrs. Sullivan, Mr. Bird and Mr. Finnorty mot with Mrs. Williams, and Mrs. Williams rostatod hor caso. Upon chocking tho Ordinanco ho could find no way that sho could make a propor chargo against tho City. Upon furthor quostioning it was determined that sho did not meko application to Mr. Bird. 4/24 1 0 1 674 Mr. Bird seid had sho mado application ho would hevo installod the connection on tho north sido rathor then on tho south sido. It was tho City Attornoy's rocommondetion that sho mako application et that timo for a pormit end coanoct on tho north sido. Mrs. Williams said sho did not want to do that bocauso thoy alroady had thoir ditch dug. Thoy folt that it was not propor to mako tho chango to tho othor sido bocauso thoy had alroady incurred tho oxponso. Had application boon mado to Mr. Bird he would h^vo compliod and Williams would not havo had that additional oxponso. Lttornoy Campboll said ho told Mrs. Williams that thoy had tho right to filo e lottor with tho Council and sock somo assistanco, but his opinion was that ho did not think it was a logel colloctivo claim by thom froth tho City. - CITY CLERK ALSTON eskod if tho Attorney wished to approvo e portloti of the othor transfors from tho funds that pormit it. ATTORNEY CAMFBELL statod that a portion of it was alright. RESOLUTION NO. 5431 was road, stating. WHEREAS, tho following oxpondituros mado from tho following funds for thu use end bonofits of the donartmonts for which tho transfors ero heroin made; and WHEREAS, thoro has horotofor boon filod with tho City Clo rk supporting documents to identify oech oxpondituro; NOW, T'BAR3F6t MI BE IT ABSOLVED by trio City ComOil of tho pity of National City, California, that tho following transfors bo mado: 1. From tho Capitol Rosorvo Fund to tho Gonoral Fund $1,189;97. 2. From tho Capitol Rosorvo Fund to tho Gonoral Fund $1,027.76. 3. From tho Harbor Fund to the Stroot Fund $2,045.64. $2,630.13. 4. From tho Gonoral Fund to tho Stroot Fund ATTORNEY CLMPBELL said that boforo tho Rosolution is votod upon perhaps tho quostion should bo raisod, is thoro sufficiont money in tho Gonoral Fund now? CITY CLERK ALSTON 4/24 1 r t • • 675 said there was. Moved by Hart, socondod by Clarke, that tho Rosolution bo adoptod. Carriod, ell Councilmon prosont voting eyo. CITY MANAGER SULLIVAN stated a very important mooting hes boon callod by tho San Diogo Chambor of Commorco Wator Committoo on Friday at 9:30 A.M. in tho Chamber of Commorco Auditorium, in ordor to havo all of tho communities that aro intorostod in wetor to discuss a consorvation and a common plan for tho consorvation of wetor in viow of tho probablo shortage in 1952. Any of tho mombors of tho Council who can attond will find tho mooting of considorablo intorost. MAYOR M&TTHEWS said all mombors that can should attond. CITY MANAGER SULLIVAN roportod sho rocoivod an application for a moving normit too late for the agonda. It has boon approvod by the BUILDING INSPECTOR. COUNCILMAN CARRIGAN askod if it had boon to tho City Piennor. CITY MANAGER SULLIVAN said it had not, that the lottor from tho Planning Commission has indicatod that thoy havo no authority othor than advisory. COUNCILMAN CARRIGAN statod that Mr. Wegncr and Mr. Bird chocked tho lest application. MAYOR MATTHEWS said this application can bo hold ovor until tho next mooting and havo tho City Plannor chock it. CITY MANAGER SULLIVAN statod sho had a roquost for a rotund of $5.00 en a business liconsa which ores toe lato for tho agonda and could bo hold ovor. MAYOR MATTHEWS ordorod this hold ovore COUNCILMAN CLARKE stated that at the last mooting tho matter of a cantoon in tho Perk was discussed, and askod if anything had boon dotorminod on it as yot. CITY CLERK ALSTON statod this is in tho report of the Planning Commission which has not boon prosentod as yet. 0 4/24 676 REPORT FROM THE PUNNING COMMISSION was rend. Tho loosing of•e concossion stand in Kimball Park was discussed by both tho Planning Commission and tho Park end Rocroation Commission and City Manager Sullivan. Chairman Millar of tho Park and Ro- croation Commission said that Lasing tho stand would bring a groator rovonuo to tho City then by tho City operating it itsolf. Mr. Millor stetod thet if the City 'worsted tho stand in con- junction with tho swimming pool it would bo opon only 3 or 4 months a yoar, whoro if it were in a now location and undor lasso, it could bo oporatod 9 or 10 months s yoar. Tho Planning Commission rocommondod that tho concossion stand bo allowod in the Perk and that tho sito bo choson by tho Perk and Rocroation Commission end tho City Planner doponding on the availeblo utilities. COUNCILMLN CLRRIOLN said thoro seoms to bo a lot of doteils connoctod with this end wondorod if tho ierk end Rocroation Commission woro asking for a now location, a now building for a concossion and thoy want to loaso that? CITY MLNLGTR SULLIVLN said thoy woro. Tho prosont concossion is et tho swimming pool end tho bathing suits ero issuod et the semo place tho "hamburgers" a ro served and it is not a vo:y good oporetion. Tho Rocroation Commission has rocommondod that somo inoxponsivo stand bo soperetcd from tho pleco whoro tho swimming suits arc issuod, and to loaso it out on porcontago basis instoad of tho City hir&ng help end boing in tho business of soiling food. COUNCILMLN CLARIGLN seid ho wondorod if it would bo e good idoa to havo it obi a porcontago basis or a flat loaso. MLYOR MLTTHEWS said ho thought wo could await tho ro- commondations of tho Rocroation Commission. COUNCILMLN CLRRIGLN eskod if it would bo possible to got ‘ho comprehensive figuro on what tho centocn has boon bringing in for the past thrro or four yoars. CITY MLNLGER SULLIVLN stctod that we havo tho amount of income from it end tho amount of monoy expended for 4/24 p 1 677 morchandiso, but tho man hours aro a littlo difficult to allocate so much to tho cantoon. COUNCILMAN CLRRIGAN said ho thought tho City should havo a flat loaso on a sotup of that typo• MLYOR MLTTHEWS said ho folt that tho Rocroation Commission will go into this thoroughly and than tho Council can mako tho decision. COUNCILMAN CLLRXE said tho Rocroation Commission has rocommondod that it bo givon to a concessionaire and tho timo is very closo now whon tho Perk will bo oponod and pooplo who might bo intorostod in a concession or any othor arrangomont that the City might Boo fit to mako, and if this is dolayod much long - or it will not give thom much timo. MLYOR MLTTHEWS said it might bo in ordor for tho Council to epprovo tho idoa of privato concossion and wo ask tho Rocroation Commission to givo us thoir rocommondation as soon es possiblo on tho location for a building. Moved by Clark°, that a privato concossion stand in tho Park bo approvod and that tho Rocroation Commission meko a rocommondation on tho location of a building. COUNCII.M;N CARRIGAN said it might bo woll for oithor tho Council or tho Rocroation Commission to advortiso somowhat for a concessionaire and work out with thom what space is going to bo noodod, whet concossionaires havo boon paying and what thoy aro going to handle. Motion socondod by Curry. MAYOR MATTHEWS said ho boliovod that with this motion thoro will bo sufficiont publicity, or if tho Rocroation Commiss- ion thinks it nocossary to go shoed and advortiso, this can bo loft up to tho Rocroation Commission. Carriod, ell Councilmon prosont voting aye. REPORT FROM THE PLANNING CCLISSION rogarding plans for a now library was road. Plans for a now library wore submitted by Mr. and M:s. Watson, Mrs. Honry Wilson of tho Library Board, and Mrs. Ellon Baodor, Librarian. Thoso includod a floor plan end color architoctural rondoring by Mr. Horluf Brydogaard for tho library on tho tennis courts location in tho City Park. 4/24 678 Chairmen Christman inquired if thoro woro any known roasons that would provont rolocating tho library es it was a Cernogio Library. Mombors of tho Library Board stated tho oxisting library was to havo ronainod for 25 yoars, but that the timo has oxpirod. Tho Library Board mombors agrood that tho now library, as dosignod by Mr. Brydogaard, to accomnodato e population of 50,000 wns idoal. Plannor Wagnor showed a park layout plan with the proposod Library and e now civic cantor sito Wiosod on it. Most Commission mombors oxprossod thamsolvos as roluctant to opon up all of tho National lvonuo frontage of tho park to businoss use, but agrood that 12th Stroot was a bottor location for tho library, as it oliminatcd tho National Avonuo traffic hazard to childron using tho library. Chairmen Christman oxprosscd alarm that if National Lvonuo frontago wore opon to businoss the view from within tho perk would bo of tho roar of unattractivo businoss ostablishmonts. Plannor Wagnor suggostod tho Commission considor tho possibility of sono ono building, a very rofinod end dignified hotol similar to San Diogo Hotel Manor, es this typo of commercial ontorpriso would not advorsoly offoct tho park dovolopmont program, end tho City badly noods a good hotol. Tho Planning Commission approvod tho location of tho tonnis courts in the Perk for the proposod now library as sub- mitted. CITY CLERK LLSTON stated that sho would liko a ruling from tho Attorney rogarding tho paymont of tho bills this ovoning. Sono .of tho funds aro slightly overdrawn but that monoy will bo coming in from ed valorom taxes. Should thoso bills bo paid or wait until tho money is distributod? ATTORNEY CAMPBELL askod if it was in a special fund? CITY CLERK LLSTON stetod that it is tho Library Fund and tho Rotironont Fund, and the transfers will take oars of tho Stroot Fund. LTTORNBY CLMPBBLL stotod that you Cannot pay than, until there is suffieiont monoy in tho fund to pay 679 tho warrant. Thorc is a provision made that aftor tho bills aro approvod by tho Council and tho warrants aro ordorod to bo drawn, thrt you will havo to writo upon tho claim that thoro is not sufficiont money to pay it, and rogistor thorn, and thoy will draw six porcont intorest from that time. FRLNK SLRN, 1444 Highland i.vonuo was prosont and statod ho undorstood that tho mattor of tho rovision of tho Businoas Liconso Ordinenco was to bo discussed tonight. M;_YOR MLTTHEWS said that tho spooled hoaring on this would bo tomorrow ovoning, et 7:30 P.M. COUNCIIMI.N CLRRIG..N said ho undorstends that Mr. Smith is still the Acting City Enginoor and ho was wondering if porhaps it was not timo to edvortiso for a roguler City Enginoor. Mr. Carrigan eskod what salary Mr. Smith is rocoiving. CITY MLNLGER SULLIVLN statod that ho is rocoiving $300.00 a month and his ellogod pert tino position has roquirod moro hours than 44, that ono wook it was a hundrod and some hours. This happons froquontly with e part tino position, that it is actually timo and a half, Tho Council hes discussod informally tho dosirebility of osteblish- ing tho position of Diroctor of Public Works and City Enginoor, and until now th:l, only persons aveilablo for such e position Mrs. Sullivan said sho hes not soon fit to discuss with tho Couac;i other than the two sho dieouasad with tho Couaell IM— formally. Mrs. Sullivan said sho thought it is porhaps en imposition on Mr. Smith to romain Lcting City Enginoor, but you aro vory closo to tho now budgot yoer end it appoars that tho tino to roorganizo tho dopartrnont would bo at tho boginning of tho budgot yoar rather then at tho and of it, to which COUNCILML' CLRRIGLN said ho was in agroomont. But ho was wondoring how - happy Mr. Smith was with tho arrangonont. CITY MLNLGER SULLIVLN said that wo may havo to pay him moro monoy if ho continuos 424 680 putting in tino and a half for part tiro Lcting Enginoor. Tho $300.00 was guoss work for tho amount of timo that would bo roquirod of Mr. Smith to bo Leting Enginoor until such tino that a City Enginoor was appointed, and thorc was no way for oithor Mr. Smith or tho City Manger to tell how ouch part tino it would bo, but it has dovolopod that it is almost full time. Movod by Hart, socondod by Curry, that tho mooting bo closod. Carriod, all Councilman prosont voting ayo. ATTEST: Qie,„ CITY CLERK MLYOR, CITY OF NATIONLL CITY, CALIFORNIA 4/24